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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
    • Please provide advice on the following situation: I rented out my property to four students for 16 months until March 2024. Initially, the property was in very good condition, but now it needs extensive renovation. This includes redoing the bathroom, replacing the kitchen, removing wallpaper, and redecorating due to significant mould growth. The tenants also left their furniture on the grass, which is owned by the local authority. As a landlord, I've met all legal requirements. It seems the damage was caused by poor ventilation—windows were always closed, and heating wasn't used. There was also a bathroom leak fixed by reapplying silicone. I tried to claim insurance, but it was denied, citing tenant behaviour as the cause by looking at the photos, which isn't covered. The deposit barely covers the repair costs, or else I'll have to pursue money claims, which I've never done before and am unsure about its legal complications or costs. Any thoughts on this?
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Capquest/Shoosmiths - old CAT debt


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The letter says if I don't respond within 14 days they will take court action. The client is listed as capquest, who are a DCA, so I'm not even sure what this relates to.

 

Am I right in assuming if i make a SAR request now, they have to complete that before they can take any action?

 

Or should this be a CCA request? Surely a SAR would cover the CCA as well?

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neither

 

tell us about the debt

original creditor

type of credit

date last payment

is it on your credit file?

 

 

and read the letter carefully

it doesn't say WILL anywhere I bet...

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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As I said, I don't know who the original debt is with. that's part of what i need to establish. I have no information beyond this letter.

 

As for it not saying "will" -

 

"If we cannot agree during the next 14 days how you will repay the amount outstanding to capquest investments limited, we will issue court proceedings against you for the full sum outstanding together with legal costs. We will not contact you again to warn you that proceedings will be issued."

 

So you'd lose that bet.

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under GDPR they cant do that

unless you've already had the PAP letter of claim pack and ignored it?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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go look at your credit file

that should tell you what the original debt was all about

then comeback and tell us.

no need for any secret squirrel stuff in this day and age

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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great read upload

its all in there how to do it

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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seems like you've been away for a while then

things have changed a lot now with GDPR

 

99% of credit files are free now

noddle clearscore etc etc

go get it from their website

 

whats in the black box below client name that usually tells you what the debt was

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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that was reference number and amount. come on, do you really think i would blank out the thing i have repeatedly said i do not know?

noddle lists it as capquest investments LTD and the type as mail order, but does not indicate who the original creditor was, and i dont know from this limited information.

This is not relevant though to my initial question.

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seems like they don't know either then:lol:

cause all the ones I get from them have the details there.

 

ok go get your credit file please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so its a catalogue debt

twill be either shop direct

or

jd Williams

 

so its covered by the Consumer Credit Act [we didn't know that till now..hence needing to know!]

so CCA request time.

 

which is a legally binding request they have 14 working days

an sar to a DCA is pointless

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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to be honest i do not believe i have ever had any dealings with either company, though i suppose it could have been an arm trading under a different name. I have never, in all my days, had a catalogue that i ordered stuff from.

out of interest, why would a SAR be pointless? surely they need to provide that just like everyone else?

edit - should the CCA go to capquest? or shoosmiths?

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not legally binding as such and they don't have to supply the agreement in an sar either.

so pointless

they only ever have records since they were assigned [bought] the debt anyway

so an sar goes to the original creditor

but at this stage its not necessary

 

cca goes to the owner, shoos are a solicitor they work for their client..the debt owner

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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they cant do court

only the owner can.

 

so no need

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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wouldn't the owner charge a firm of solicitors, like shoosmiths, with doing this?

is it not possible thats why this letter was sent?

I'm asking both for clarity, and to know if this lot have threatened something they are unable to follow through on

. if the latter, surely that's illegal in some way?

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you seriously need to get reading claimform threads and about assignment.

a solicitor is not a creditor so cant issue court claims

they represent the client in any legal matters

its a civil debt, so not illegal as in criminal, but unlawful.

but what they are doing is neither.

capquest have told them to start the legal process

shoos have written stating such giving one last chance so to speak,

even though they say they will, it doesn't actually mean 'they will'

if they cant get paperwork they wont!

type in the words speculative claimform

in the search cag box of the top red toolbar and get reading

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I'm not trying to be a silly here, but i'm finding parts of what you are saying confusing. for example -

"a solicitor is not a creditor so cant issue court claims

they represent the client in any legal matters"

surely they would get the solicitors to make a court claim on their behalf?

Is that not the point of having solicitors, to, as you say, represent them in legal matters, like the filing of claims with the court?

you also said -

"capquest have told them to start the legal process"

which supports what i said above.

it seems your answers are edited for brevity, and frankly are not helping me to understand what you're saying. you give an answer, but its very short and does not always actually answer the question asked.

I get you're a volunteer, but you could try to explain a bit more when answering, as right now i'm doing what you've told me, but if a similar situation was to come up, i'd need to ask again as I don't understand why i'm doing this.

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well I see you've been reading up so good

cag is also about self help too

you'll fill in the nitty gritty bits as you are reading

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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honestly i'm feeling a little stupid with all this, which, at the risk of sounding arrogant, is a very unusual situation for me. and again, not wanting to come across like a [removed], and i thank you for the help, but it feels like you are giving me the info you think i need, rather than answering what i am asking, which is why my level of understanding is low.

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well no

was the same in your last thread

you want straight simply answers when its not that straight and not that simple

you have to understand the wider issues to appreciate what is going on and what might happen.

 

solicitors act on their behalf under their instruction.

and represent them in legal matters

they don't hold the correct licences to be a creditor so cant be a creditor/the claimant that takes people to court

but neither can a creditor be a solicitor...think about it.

 

anyway get that CCA running to the owner of the debt tomorrow and lets see where this goes

 

no I don't waste my time when I know the finer points are in 1000's of threads already here

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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